Friday, February 24, 2017

Helpful Tips for Filipinos Applying for US Tourist Visas

Helpful Tips for Filipinos Applying for US Tourist Visas

When it comes to US visitor/ tourist visa applications, most Filipinos become apprehensive.

With so many requirements to submit and tons of paperwork to accomplish, the process of applying to obtain a visa for many aspiring Filipino travelers and/or immigrants can be intense, stressful and overwhelming. On top of that, tales of long lines, indefinite waiting periods, intimidating interviews and the looming possibility that an application may be rejected add up to prompt a hopeful applicant to give up before he or she could even start the visa application process.

According to a news report, the US Embassy in the Philippines approves more than 1,000 visa applications on a daily basis yet the fear of rejection among Filipino applicants remains a looming problem. In many instances, this sentiment becomes a trigger for many applicants desperate for a visa to defy the system by resorting to illegal and deceptive tactics.

One of the most popular beliefs among Filipino visa applicants securing an approval involves money in the bank and lots of it, too. To these applicants, having a huge bank account guarantees instant visa approval and so they strive hard to put money in their bank accounts shortly before their visa application interview. In other instances, applicants try to obtain letters of endorsement or written invitation from relatives, friends, and acquaintances from the specific country that they’re trying to obtain a visa for. These applicants believe having “sponsors” and a valid reason to travel will warrant them a visa. 
Of course, those are mere speculations.
According to a US Embassy official in Manila, the consuls do not discriminate. All applicants are treated equally during the entire visa application process whether they have huge amounts of money in the bank or not. The embassy’s primary concern is not the money but the applicant’s “ties with the Philippines” that will make him or her come back after visiting the United States. 
Here are a few more helpful tips for Filipinos applying for a visa:
  1. Be truthful.
  2. Be on time. There is nothing more disrespectful and inconsiderate than an interviewee showing up late for an interview. Look presentable just like how you would present yourself during a job interview. 
  3. Have a valid reason for traveling to another country and an even stronger reason to come back to the Philippines.
  4. Make sure all your documents including required photos are with you during the interview and neatly organized for easy access. If you need affidavits and notarized documents as required, be sure that you have obtained them accordingly prior to the date of your interview. For fiancé visa applicants, for example, proof of communication and romantic relationship such as photos and written correspondence including emails must be part of your documents as well.
  5. Relax. If you’re confident that you’re sincere and not hiding anything from the interviewer, you should be fine.
And if you have complicated issues that simply reading articles and fact sheets from the Philippine embassy and other pertinent websites cannot take care of, it is always advised that you seek legal help. A licensed US immigration lawyer in Manila will be your counsel that will guide and help you during your visa application especially when your situation and circumstances need a stronger legal intervention. 
By: Ryan Barshop

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Wednesday, February 15, 2017

K-1 Visa Fraud: Don’t be a victim of fake marriages

K-1 Visa Fraud: Don’t be a victim of fake marriages



Sometimes, love knows no boundaries.


If you’re one of many American citizens who want to embark on a romantic relationship with somebody from the Philippines hoping to marry and bring them over to the United States, you must been considering or are already in the process of applying for a visa for your loved one. 

Are you familiar with a K-1 visa?

Every year, thousands of American citizens petition their future spouses from other countries (Philippines included) by applying for a K-1 Visa - a non-immigrant visa issued by the United States Citizenship and Immigration Services (USCIS) to successful applicants wanting to marry their US citizen petitioners. After tying the knot - within 90 days upon entry to the United States as required by the law – the non-immigrant spouse can then apply to change his or her status by becoming a permanent resident and, further down the road, an American citizenship.

Because the K-1 visa is one of the most guaranteed ways to have someone from another country come over to the United States, a process that can almost immediately result in legal immigrant status and employment opportunities, this type of visa has always been exploited by fraudulent individuals. Most of the time, fraud is committed in order to send an individual to the United States to attain immigrant status by way of marriage to the petitioner who may or may not have knowledge of the deceptive transaction and earn money or other favors in the process. 

To avoid K-1 visa fraud, the US government imposed a two-year conditional period for the foreign applicants after tying the knot with their petitioners. Once the USCIS detects fraud within the marriage, the person petitioned will lose permanent residency status, be subject to deportation and other sanctions. On the other hand, hefty fines and prison time for the petitioner may be imposed. 

Within the last 15 years, millions of fake marriages through K-1 visa applications have already been reported and the USCIS is taking extra vigilance in making sure fake marriages are detected and penalties properly served to the guilty parties.

If you do not wish to be one of the millions of people victimized by K-1 visa fraud, be on the lookout for signs. 

Below are a few indicators that something is amiss with your future spouse and your highly anticipated happily-ever-after. Remember, the factors listed below may not be an issue to some couples but in general, they are outside the social norm and can pose as red flags that foretell marriage fraud may be involved. 

Age 

Is your future partner almost half your age? In most instances, huge age gaps can lead to conflict due to problematic differences within the marriage as the couple may never see eye to eye especially when important decisions need to be made which should bring you to question why a much younger or older person will consider you to be a spouse. Aside from that, the absence of physical attraction and shared interests from your partner are worth exploring, too. 

Financial Status

If your partner is financially dependent on you and expresses an excessive desire to come with you to the United States to have a better life in order to support his/her needs and his/her relatives back home, you may want to find out if your partner’s true intention is to be your loving spouse – just blessed with a generous heart and a sense of adventure - or if he/she is just using your marriage as a stepping stone to achieving his/her dreams of migrating to America.

Eligibility

Be on the lookout if your partner is indeed single and eligible for marriage to you or you may end up marrying both your partner and his/her other family. At the same time, a partner who insists on getting married within a short period of time after you met is dubious. That person should definitely be on your fraud watchlist. 

Preferred Marriage Setup

If your partner imposes that you live in different residences after your marriage in the United States and becomes detached forcing you to live separate lives, that may be a clear indication that your marriage is being used for convenience and other fraudulent purposes.

There are many other ways to detect K-1 visa fraud and you must always be on guard to protect yourself not just from future heartaches but from massive immigration headaches. 

If you are determined to go through the process of petitioning a loved one through the K-1 visa and have pressing questions about it, invest in legal help. You should consult with a US immigration lawyer in Manila to help you understand the process better and the legalities behind it.


By: Ryan Barshop

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Wednesday, February 8, 2017

Expert: No reason to fear US travel amid Trump win


MANILA - Filipinos planning to travel or immigrate to the United States have nothing to worry about despite US President-elect Donald Trump’s promises to deport illegal immigrants, a lawyer said on Monday.

American immigration lawyer Ryan Barshop said Filipinos planning to travel, invest, and immigrate in the United States should not worry at this point since policies in the United States have not changed yet. 

“I see no problems with Filipinos applying for a US visa,” Barshop said in an interview on “Mornings @ ANC.”

US Embassy spokesperson Molly Koscina on Monday clarified that there has been no changes so far in the US visa policy and in the alliance between the two countries.

Barshop added that Filipinos who are worrying about immigration in the US should “wait and see” since there is nothing that can be done at present.

“Don’t act irrationally, wait and see what happens. Right now there is nothing we can do right now,” Barshop said.

Trump, during his campaign, promised to “put America first” which includes establishing new immigration controls and a crackdown on undocumented foreigners and stricter rules on issuance of visas.

The real estate mogul turned Republican nominee, has been criticized by Filipino and Filipino-Americans earlier this year after he tagged the Philippines as a terrorist country whose citizens should be barred from immigrating to the the US.

Barshop said legal immigrants have nothing to worry about at this point since Trump’s words on immigration are mostly campaign rhetoric and that the Republican nominee is “simply anti-illegal immigration.”

He also clarified that illegal immigrants in the US will not just be easily deported and will still be accorded due process which includes the right to be heard from an immigration lawyer, right to present evidence, and the right to present an argument on why you should not be deported.
(Source: http://news.abs-cbn.com/focus/11/14/16/expert-no-reason-to-fear-us-travel-amid-trump-win)
http://bridgewayimmigration.com

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

How a Donald Trump Presidency Could Repair Filipino-American Relations

How a Donald Trump Presidency Could Repair Filipino-American Relations

Like Filipino President Rodrigo Duterte, United States President Donald Trump is known as a brash and divisive figure. It is thus somewhat ironic that Trump possesses the unique potential to mend Filipino-American relations, which were fractured under former U.S. President Barack Obama and his Administration. Whether or not Trump accomplishes this could have ramifications regarding everything from international trade partnerships to available immigration opportunities for Filipinos striving to live, work, or study in the U.S.

It is no secret that Obama has had difficulty maintaining his country’s traditionally-close ties to the Philippines since Duterte’s 2016 election. Duterte has notoriously referred to Obama as a “son of a whore” who can “go to hell,” while splitting with his country’s longstanding Western ally by forging a partnership with China. In response, Obama had given credence to the perception that the Filipino leader as a loose-cannon, canceling a significant meeting between the leaders stating, “What I’ve instructed my team to do is to talk to their Philippine counterparts to find out: Is this in fact a time where we can have constructive, productive conversations?”

Whereas Obama had yet to indicate that it would in fact be productive to engage in talks with Duterte—with Filipino-American relationship becoming more distant all the while—Trump has assumed a different approach.

In November, the Filipino President called Trump to congratulate him on his victory. At some point during their seven-minute phone conversation, Trump purportedly invited Duterte to the White House. If true, this invitation underscores the notion that Trump is willing to overlook Duterte’s slights to the U.S. and its former President in order to move forward.

Obama and his administration had taken Duterte’s comments and actions to heart. For example, the Obama Administration had repeatedly condemned Duterte’s “drug war,” and frozen diplomatic relations as a result. By comparison, Trump has purportedly gone so far as to wish Duterte “success” in his effort.

Perhaps unsurprisingly, Duterte has expressed much more willingness to work with Trump than Obama. Regarding the U.S. President, Duterte has said, "We don't have any quarrels. I can always be a friend to anybody especially to a president, a chief executive of another country. He has not meddled in the human rights.”

It is not only that Trump has not “meddled” in human rights issues. Trump and Duterte share in common a carefully-constructed strongman image. Both leaders have gone to significant lengths to portray themselves as lone solutions to existential threats. Trump has repeatedly claimed that he will bring about “law and order” in the U.S. even if it means skirting the American Constitution, while Duterte has waged a “drug war” in a country that has reportedly seen drug use fall significantly, and to marginal levels, in the years prior to his Presidency. Both politicians see the primary solutions to these complicated problems as being punitive, which in turn furthers the narrative of them being tough on crime.

Their similar political perspectives seemingly open up the door for solidarity between the leaders, as their aforementioned congratulatory conversation might indicate. If one can possibly cast legit concerns about human rights aside, the implications of such solidarity are vast. Even in the context of withering American-Filipino relations, trends suggest that issues such as Filipino immigration will persist, and even increase. Should Trump manage to bridge gaps between the Duterte-led Philippines and the U.S., there is even more potential for these continuously-growing opportunities.

However, one must remain cautiously optimistic. After all, Trump has offered indications that he might not be the diplomatic statesman and loyal ally he purports himself to be. This is exemplified by his statements and perspective on the Ukraine, an allied member of the North Atlantic Treaty Organization (NATO). Despite Russian leader Vladimir Putin and his military (and paramilitary) invading the Ukraine, in direct and obvious violation of its sovereignty, Trump has repeatedly offered admiration for Putin, whose government has also been accused of helping to sway the U.S. election towards Trump. To forsake an established NATO ally such as the Ukraine in favor of an invading, non-allied force that has what can at-best be described as a checkered relationship with the U.S., does not lend itself to trustworthiness on the international stage.

Thus, neutral observers of Filipino-American relations must wonder whether Trump will prove to be a consistent ally, or one who will turn his back on the Philippines if doing so is deemed to be politically expedient. It is after all unclear how Trump would regard the Philippines if it meant altering tenuous relations with China or other larger players in the economically-robust region.

Ultimately, the Obama Administration’s diplomatic difficulties with the Philippines offer clues as to the ramifications of Filipino-American relations turned south. It seems that trade is the biggest casualty of a fraught relationship, whereas Filipino immigration to the U.S. is poised to remain consistent.

There is however reason to believe that Filipino-American relations will improve. While Trump’s relationship with the Philippines remains a considerable question mark, his potential solidarity with Duterte—as evidenced by their similar strongman images and apparent willingness to look past due process as it correlates to human rights—signifies potential willingness to reestablish open and productive relations.

By: Ryan Barshop

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Filipino-American Relations and Immigration to the United States

Filipino-American Relations and Immigration to the United States
Despite the currently tenuous diplomatic relationship between the Philippines and the United States, there is little reason to believe that Filipino immigration to the U.S. will be jeopardized. While many of Filipino President Rodrigo Duterte’s recent comments and actions—such as referring to U.S. President Barack Obama as a “son of a whore” who can “go to hell” and shortly thereafter forging a robust economic partnership with China, to the dismay of the U.S. government—have raised questions about the future of Filipino-American relations, the countries’ bond runs much deeper than that of their current leaders.
The Philippines and the U.S. have endured rocky diplomatic periods in the past. Through these times, Filipino immigration to the U.S. has remained a constant, occurring in various legal forms since the turn of the nineteenth century, and even serving as a tool to mend differences. 
The Philippines was the U.S.’s first colony, purchased in 1898 from the Spanish (for $20 million). Shortly thereafter, violence between the nations struck. For example, in 1899, American troops outside of Manila killed three Filipino dissenters—who were advocating for independence—sparking three years of fighting that ended the lives of at least 20,000 Filipino rebels and 4,000 American soldiers.
At the time, the U.S. wished to avoid the public backlash that arose out of the conflict. It was eager control the narrative of its occupation—to portray itself as a liberator—and in part it saw immigration as a means to do so. In addition to establishing and controlling media, improving healthcare systems, and building public schools—through which the Americans could teach students about its government and principles—it began to sponsor Filipino students, often referred to as “pensionados,” to study in U.S. colleges and universities.
This initiated two trends in Filipino-American relations: 1) immigration occurring even in hard times, and 2) the U.S. responding to diplomatic issues and outright conflict by cultivating goodwill through immigration opportunities.
The U.S. has consistently had various commercial and geopolitical interests—ranging from economic partnerships to strategic military positioning—that has made a relationship with the Philippines practical. One of the ways the U.S. has cultivated and maintained a generally productive relationship with its Eastern ally—and in the process served its interests—is through immigration.
The U.S. has long seen Filipino labor as a necessary and exploitable resource. Beginning in 1906, and for decades to come, Filipino laborers migrated to the U.S. Like today, they mostly headed to California and Hawaii, where they worked on farms and plantations. Life was often difficult for these laborers, with many working for low wages in the agricultural sector, in canneries, and in the especially unenviable job of building railroads. However, they often persisted through hardship, remaining in the U.S. It is perhaps unsurprising that in both California and Hawaii, Filipinos currently make up the largest Asian minority group.
Today, there are roughly four million American citizens of direct Philippine descent in the U.S., with that number rapidly growing. Meanwhile, there are over 300,000 American citizens living in the Philippines.
Attaining work in the U.S. is still a possibility for Filipino immigrants. This can be done through attaining a J-1 Internship Visa or a full-time employment-based visa, of which roughly 140,000 per year are offered.
Of course, education and employment are not the only types of immigration opportunities available to Filipinos. Others involve fiancĂ© and family-based immigration. In the aftermath of World War II, family-based immigration was especially prominent—largely due to U.S. service members stationed in the Philippines meeting their significant others. This led to a boom of Filipino-American families.
By1960, Filipino immigration to the U.S. was especially common, but it would grow even more so. That year, 105,000 Filipinos immigrated to the U.S. By 1980, that number would reach over half a million per year. By 2000, more than a million Filipinos immigrated annually, and since then that number has steadily increased.
The large number of Filipinos in the U.S. has helped to cool diplomatic tensions between the nations, such as those that arose in the 1990s, when growing anti-American sentiment ultimately forced the U.S. to withdraw its military from the Philippines. One of the major reasons for this relates to the amount of money that Filipinos in the U.S. send back to the Philippines. In 2013, global remittances to the Philippines through legal channels totalled a whopping USD $25.4 billion. According to the World Bank, this represented a staggering 9 percent of the Philippines’ gross domestic product (GDP).
This statistic informs why palpably tense American-Filipino relations may not correlate to a decline in immigration, particularly from the Filipino perspective. In the days after his most inflammatory remarks about Obama, Duterte admitted that he could not cut ties with the U.S., as “the Filipinos in the United States will kill me.” But given the amount of money channeled from the U.S. to the Philippines each year, it is highly probable that Filipinos back home would be upset with him as well.
From the American perspective, severing ties with the Philippines would not be beneficial. The U.S. recently signed an Enhanced Defense Cooperation Agreement with its former colony, once again giving it strategic military positioning near its greatest rival, China. Additionally, close diplomatic and business relations with the Philippines enables the U.S. to mitigate China’s economic might.
In effect, dissolving ties serves neither the U.S. nor the Philippines. This is certainly recognized by both nations, even if the rhetoric of their leaders reflects discord.
When one considers this fact, along with the continuously increasing number of Filipinos taking residence in the U.S. and the Philippines’ correlated reliance on remittances, there is little reason to believe that any diplomatic strife between the nations will correlate to diminished opportunities for Filipinos to immigrate. Additionally, recent comments by Duterte and U.S. President-elect Donald Trump suggest more solidarity than the Filipino leader has experienced with Obama. Overall, it is entirely reasonable to believe that regardless of existing tensions, Filipino immigration to the U.S. will remain unscathed.

By: Ryan Barshop

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

How Trump's order affected green card holders


An immigration lawyer on Tuesday explained on Mornings@ANC how U.S. green card holders were affected by President Donald Trump's executive order on immigration.

Atty. Ryan Barshop said green card holders being blocked at airports due to Trump's order was a "mistake", but has since been resolved.

"It's simple. A lot of people didn't read the text, even the Border Control. Many of the Border Control agents did not read the text," he said.

He explained, nevertheless, that green card holders who stay too long outside the United States are presumed to have waived their green card and would be subject to "secondary inspection at the border." 

However, they may file for returning resident visa again in U.S. embassies or be repetitioned.
(Source: http://news.abs-cbn.com/video/overseas/01/31/17/how-trumps-order-affected-green-card-holders)
http://bridgewayimmigration.com

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

US lawyer says Trump immigration order doesn't qualify as a ban




A US immigration lawyer said Trump is not permanently banning Muslims from the seven countries mentioned in his executive order. Instead, Washington just wants to buy time to fix its immigration-vetting system.

Lawyer Ryan Barshop said Trump's order is simply a pause.

The presidential directive bars citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the US for 90 days, suspends the admission of refugees for 120 days, and suspends indefinitely the Syrian refugee program.

"I don't want to look at the word 'ban.' The word 'ban' does not appear once. What we have to do is we have to detach ourselves from what's actually in the text of the (executive order from) what is just becoming hysteria," he said in an interview with "Mornings@ANC" Tuesday.
Barshop explained that the White House said it is placing a 90-day freeze on citizens of the countries "until we can get the vetting process under control."
"To call it a ban, we're not banning people from Indonesia, Pakistan, Egypt. We're simply putting a hold on those citizens from those countries until we get the vetting process under control," he said.
Barshop also clarified that the seven countries were previously designated by his predecessor, former President Barack Obama.
"During Obama's term, he selected seven countries, those on the list today, of significant security concerns. Before the executive order was signed both directors of CIA and FBI which is our equivalent of NBI, reported to the president, said we can't control vetting from these countries," he said. 
"We have serious security concerns, we have to do something we can't avoid catastrophe," he added.
(Source: http://news.abs-cbn.com/overseas/01/31/17/us-lawyer-says-trump-immigration-order-doesnt-qualify-as-a-ban)
http://bridgewayimmigration.com

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.